Notes on 28 U.S.C. § 1871 : US Code - Notes

Search Notes on 28 U.S.C. § 1871 : US Code - Notes

(June 25, 1948, ch. 646, 62 Stat. 953; May 24, 1949, ch. 139, Sec.
97, 63 Stat. 103; July 14, 1949, ch. 333, 63 Stat. 411; Pub. L. 85-
299, Sept. 7, 1957, 71 Stat. 618; Pub. L. 89-165, Sept. 2, 1965,
79 Stat. 645; Pub. L. 90-274, Sec. 102(a), Mar. 27, 1968, 82 Stat.
62; Pub. L. 95-572, Sec. 5, Nov. 2, 1978, 92 Stat. 2454; Pub. L.
101-650, title III, Sec. 314(b), Dec. 1, 1990, 104 Stat. 5115; Pub.
L. 102-572, title IV, Sec. 402, Oct. 29, 1992, 106 Stat. 4511.)
HISTORICAL AND REVISION NOTES
1948 ACT
Based on title 28, U.S.C., 1940 ed., Secs. 600, 600a, 600b, 608,
and sections 11-1512 and 11-1513 of the D.C. Code, 1940 ed., (R.S.
Secs. 236, 323; Apr. 26, 1926, ch. 183, Secs. 1, 2, 44 Stat. 323;
May 17, 1932, ch. 190, 47 Stat. 158; Oct. 13, 1941, ch. 431, Sec.
2, 55 Stat. 736).
Section consolidates section 600 of title 28, U.S.C., 1940 ed.,
and sections 11-1512 and 11-1513 of the D.C. Code, 1940 ed., with
part of section 608 of title 28, U.S.C., 1940 ed. The remainder of
such section 608, relating to payment of witnesses' compensation,
is the basis of section 1825 of this title.
Words "place of service" were substituted for references to
attendance at court, in view of the earlier reference to service
before commissioners.
The Advisory Committee to the House Committee on Revision of the
Laws in revision of this title, recommends a careful study of the
compensation of witnesses and jurors. Furthermore, provision should
be made for the subsistence of jurors and witnesses serving at such
distance from their homes as precludes daily travel to and from the
court.
Changes were made in phraseology.
1949 ACT
This section incorporates in section 1871 of title 28, U.S.C.,
with changes in phraseology, the provisions of act of June 25, 1948
(ch. 652, 62 Stat. 1016), which became law subsequent to the
enactment of the revision.
AMENDMENTS
1992 - Subsec. (c)(5). Pub. L. 102-572 added par. (5).
1990 - Subsec. (b). Pub. L. 101-650 substituted "$40" for "$30"
in par. (1) and "$10" for "$5" in pars. (2) and (3).
1978 - Subsecs. (a) to (g). Pub. L. 95-572, in revising text,
substituted subsecs. (a) to (g) for prior five unnumbered
paragraphs, and among other changes, deleted reference to fees for
service before United States commissioners, now provided for in
chapter 43 (section 631 et seq.) of this title relating to United
States magistrates; increased to $30 from $20 allowance for actual
attendance; continued the discretionary additional fee for extended
service, increasing to forty-five from thirty days the basic
service requirement; generalized travel allowance provisions in
place of 10 cents per mile travel allowance from residence to place
of service when commencing and terminating service and any
necessary daily or interim travel, not to exceed a subsistence
allowance of $16 per day; and deleted provision for same fees for
service in districts courts for districts of Guam and Canal Zone as
provided for services in other Federal district courts as covered
in definition of "district court of the United States" in section
1869(f) of this title.
1968 - Pub. L. 90-274 increased from $10 to $20 the per diem
allowance for grand and petit jurors, increased from $14 to $25 the
fee for extra days in cases requiring attendance in excess of 30
days, increased from $10 to $16 the daily subsistence rate when
travel appears impracticable, increased from $10 to $20 per day the
limit after which payment of fees by the marshal must be on the
certificate of the trial judge, provided for the allowance of
amounts expended for tolls, for toll roads, for toll tunnels, and
for toll bridges, and directed that grand and petit jurors in the
district courts for the districts of Guam and the Canal Zone
receive the same fees and allowances provided for grand and petit
jurors in other district courts of the United States.
1965 - Pub. L. 89-165 increased from $7 to $10 the per diem
allowance for grand and petit jurors, increased from $10 to $14 the
fee for extra days in cases requiring attendance in excess of 30
days, prohibited payment for interim or daily travel at the 10-cent-
per-mile rate in excess of the subsistence allowance which would
have been paid if he had remained at the place of holding court
overnight or during temporary recess, increased from $7 to $10 the
daily subsistence rate when travel daily appears impracticable, and
increased from $7 to $10 per day the limit after which payment of
fees by the marshal must be on the certificate of the trial judge.
1957 - Pub. L. 85-299 increased from 7 to 10 cents per mile and
$5 to $7 per day the mileage and subsistence allowances of grand
and petit jurors.
1949 - Act July 14, 1949, increased the per diem fee paid jurors
from $5 to $7, provided for per diem fee payments not to exceed $10
for each day in excess of thirty days, increased the mileage
payment from 5 cents per mile to 7 cents, and provided for the
certification of the judge in cases where the jury fee is in excess
of $7 per diem.
Act May 24, 1949, increased jury fees and mileage and subsistence
allowances.
EFFECTIVE DATE OF 1992 AMENDMENT
Amendment by Pub. L. 102-572 effective Jan. 1, 1993, see section
1101(a) of Pub. L. 102-572, set out as a note under section 905 of
Title 2, The Congress.
EFFECTIVE DATE OF 1978 AMENDMENT
Amendment by Pub. L. 95-572 applicable with respect to any grand
or petit juror serving on or after the sixtieth day following Nov.
2, 1978, see section 7(b) of Pub. L. 95-572, set out as an
Effective Date note under section 1363 of this title.
EFFECTIVE DATE OF 1968 AMENDMENT
Amendment by Pub. L. 90-274 effective 270 days after Mar. 27,
1968, except as to cases in which an indictment has been returned
or a petit jury empaneled prior to such effective date, see section
104 of Pub. L. 90-274, set out as a note under section 1861 of this
title.
REFRESHMENT OF JURORS
Pub. L. 101-162, title IV, Nov. 21, 1989, 103 Stat. 1012,
provided: "That for fiscal year 1990 and hereafter, funds
appropriated under this heading [Courts of Appeals, District Courts
and Other Judicial Services and fees of jurors and commissioners]
shall be available for refreshment of jurors."